Chapter 49

"The four brothers, all armed, went to the residence of Mr. A.G. Ward, in Shelby co., on the evening of 22d instant. They were conducted into the room in which Col. Ward was sitting, together with some two or three ladies, his intended wife amongst the number. Upon their entering the room, Col. Ward rose, and extended his hand to Lafayette. He refused, saying he would shake hands with no such d----d rascal. The rest answered in the same tone. Col. Ward remarked that they were not in a proper place for a difficulty, if they sought one. Col. Ward went from the room to the passage, and was followed by the brothers. He said he was unarmed, but if they would lay down their arms, he could whip the whole of them; or if they would place him on an equal footing, he could whip the whole of them one by one. Caesar told Chamberlayne to give the Col. one of his pistols, which he did, and both went out into the yard, the other brothers following. While standing a few paces from each other, Lafayette came up, and remarked to the Col., 'If you spill my brother's blood, I will spill yours,' about which time Chamberlayne's pistol fired, and immediately Lafayette bursted a cap at him. The Colonel turned to Lafayette, and said, 'Lafayette, you intend to kill,' and discharged his pistol at him. The ball struck the pistol of Lafayette, and glanced into his arm. By this time Albert Ward, being close by, and hearing the fuss, came up to the assistance of the Colonel, when a scuffle amongst all hands ensued. The Colonel stumbled and fell down--he received several wounds from a large bowie knife; and, after being stabbed, Chamberlayne jumped upon him, and stamped him several times. After the scuffle, Caesar Jones was seen to put up a large bowie knife. Colonel Ward said he was a dead man. By the assistance of Albert Ward, he reached the house, distance about 15 or 20 yards, and in a few minutes expired. On examination by the Coroner, it appeared that he had received several wounds from pistols and knives. Albert Ward was also badly bruised, not dangerously."

The "New Orleans Bee," Sept. 22, 1838, published the following from the "Nashville (Tennessee) Whig."

"The Nashville Whig, of the 11th ult., says: Pleasant Watson, of De Kalb county, and a Mr. Carmichael, of Alabama, were the principals in an affray at Livingston, Overton county, last week, which terminated in the death of the former. Watson made the assault with a dirk, and Carmichael defended himself with a pistol, shooting his antagonist through the body, a few inches below the heart. Watson was living at the last account. The dispute grew out of a horse race."

The New Orleans Courier, April 7, 1837, has the following extract from the "McMinersville (Tennessee) Gazette."

"On Saturday, the 8th instant, Colonel David L. Mitchell, the worthy sheriff of White county, was most barbarously murdered by a man named Joseph Little. Colonel Mitchell had a civil process against Little. He went to Little's house for the purpose of arresting him. He found Little armed with a rifle, pistols, &c. He commenced a conversation with Little upon the impropriety of his resisting, and stated his determination to take him, at the same time slowly advancing upon Little, who discharged his rifle at him without effect. Mitchell then attempted to jump in, to take hold of him when Little struck him over the head with the barrel of his rifle, and literally mashed his skull to pieces; and, as he lay prostrate on the earth, Little deliberately pulled a large pistol from his belt, and placing the muzzle close to Mitchell's head, he shot the ball through it. Little has made his escape. _There were three men near by when the murder was committed, who made no attempt to arrest the murderer_."

The following affray at Athens, Tennessee, from the Mississippian, August 10, 1838.

"An unpleasant occurrence transpired at Athens on Monday. Captain James Byrnes was stabbed four times, twice in the arm, and twice in the side by A.R. Livingston. The wounds are said to be very severe, and fears are entertained of their proving mortal. The affair underwent an examination before Sylvester Nichols, Esq., by whom Livingston was let to bail."

The "West Tennessean," Aug. 4, 1837, says--

"A duel was fought at Calhoun, Tenn., between G.W. Carter and J.C. Sherley. They used yaugers at the distance of 20 yards. The former was slightly wounded, and the latter quite dangerously."

June 23d, 1838, Benjamin Shipley, of Hamilton co., Tennessee, shot Archibald McCallie. (_Nashville Banner_, July 16, 1838.)

June 23d, 1838, Levi Stunston, of Weakly co., Tennessee, killed William Price, of said county, in an affray. (_Nashville Banner, July 6, 1838_.)

October 8, 1838, in an affray at Wolf's Ferry, Tennessee, Martin Farley, Senior, was killed by John and Solomon Step. (_Georgia Telegraph, Nov 6, 1838._.)

Feb. 14, 1838, John Manie was killed by William Doss at Decatur, Tennessee. (_Memphis Gazette, May 15, 1838_.)

"From the Nashville Whig."

"_Fatal Affray in Columbia, Tenn_.--A fatal street encounter occurred at that place, on the 3d inst., between Richard H. Hays, attorney at law, and Wm. Polk, brother to the Hon. Jas. K. Polk. The parties met, armed with pistols, and exchanged shots simultaneously. A buck-shot pierced the brain of Hays, and he died early the next morning. The quarrel grew out of a sportive remark of Hays', at dinner, at the Columbia Inn, for which he offered an apology, not accepted, it seems, as Polk went to Hays' office, the same evening, and chastised him with a whip. This occurred on Friday, the fatal result took place on Monday."

In a fight near Memphis, Tennessee, May 15, 1837, Mr. Jackson, of that place, shot through the heart Mr. W.F. Gholson, son of the late Mr. Gholson, of Virginia. (_Raleigh Register, June 13, 1837_.)

The following horrible outrage, committed in West Tennessee, not far from Randolph, was published by the Georgetown (S.C.) Union, May 26, 1837, from the Louisville Journal.

"A feeble bodied man settled a few years ago on the Mississippi, a short distance below Randolph, on the Tennessee side. He succeeded in amassing property to the value of about $14,000, and, like most of the settlers, made a business of selling wood to the boats. This he sold at $2.50 a cord, while his neighbors asked $3. One of them came to remonstrate against his underselling, and had a fight with his brother-in-law Clark, in which he was beaten. He then went and obtained legal process against Clark, and returned with a deputy sheriff, attended by a posse of desperate villains. When they arrived at Clark's house, he was seated among his children--they put two or three balls through his body. Clark ran, was overtaken and knocked down; in the midst of his cries for mercy, one of the villains fired a pistol in his mouth, killing him instantly. They then required the settler to sell his property to them, and leave the country. He, fearing that they would otherwise take his life, sold them his valuable property for $300, and departed with his family. _The sheriff was one of the purchasers._"

The Baltimore American, Feb. 8, 1838, publishes the following from the Nashville (Tennessee) Banner:

"A most atrocious murder was committed a few days ago at Lagrange, in this state, on the body of Mr. John T. Foster, a respectable merchant of that town. The perpetrators of this bloody act are E. Moody, Thomas Moody, J.E. Douglass, W.R. Harris, and W.C. Harris. The circumstances attending this horrible affair, are the following:--On the night previous to the murder, a gang of villains, under pretence of wishing to purchase goods, entered Mr. Foster's store, took him by force, and rode him through the streets _on a rail_. The next morning, Mr. F. met one of the party, and gave him a caning. For this just retaliation for the outrage which had been committed on his person, he was pursued by the persons alone named, while taking a walk with a friend, and murdered in the open face of day."

The following presentment of a Tennessee Grand Jury, sufficiently explains and comments on itself:

The Grand Jurors empanelled to inquire for the county of Shelby, would separate without having discharged their duties, if they were to omit to notice public evils which they have found their powers inadequate to put in train for punishment. The evils referred to exist more particularly in the town of Memphis.

The audacity and frequency with which outrages are committed, forbid us, in justice to our consciences, to omit to use the powers we possess, to bring them to the severe action of the law; and when we find our powers inadequate, to draw upon them public attention, and the rebuke of the good.

An infamous female publicly and grossly assaults a lady; therefore a public meeting is called, the mayor of the town is placed in the chair, resolutions are adopted, providing for the summary and lawless punishment of the wretched woman. In the progress of the affair, _hundreds of citizens_ assemble at her house, and raze it to the ground. The unfortunate creature, together with two or three men of like character, are committed, in an open canoe or boat, without oar or paddle, to the middle of the Mississippi river.

Such is a concise outline of the leading incidents of a recent transaction in Memphis. It might be filled up by the detail of individual exploits, which would give vivacity to the description; but we forbear to mention them. We leave it to others to admire the manliness of the transaction, and the courage displayed by a mob of hundreds, in the various outrages upon the persons and property of three or four individuals who fell under its vengeance.

The present white population of Tennessee is about the same with that of Massachusetts, and yet more outbreaking crimes are committed in Tennessee in a _single month_, than in Massachusetts during a whole year; and this, too, notwithstanding the largest town in Tennessee has but six thousand inhabitants; whereas, in Massachusetts, besides one of eighty thousand, and two others of nearly twenty thousand each, there are at least a dozen larger than the chief town in Tennessee, which gives to the latter state an important advantage on the score of morality, the country being so much more favorable to it than large towns.

KENTUCKY.

Kentucky has been one of the United States since 1792. Its present white population is about six hundred thousand.

The details which follow show still further that those who unite to plunder of their rights one class of human beings, regard as _sacred_ the rights of no class.

The following affair at Maysville, Kentucky, is extracted from the Maryland Republican, January 30, 1838.

"A fight came on at Maysville, Ky. on the 29th ultimo, in which a Mr. Coulster was stabbed in the side and is dead; a Mr. Gibson was well hacked with a knife; a Mr. Ferris was dangerously wounded in the head, and another of the same name in the hip; a Mr. Shoemaker was severely beaten, and several others seriously hurt in various ways."

The following is extracted from the N.C. Standard.

"A most bloody and shocking transaction took place in the little town of Clinton, Hickman co. Ken. The circumstances are briefly as follows: A special canvass for a representative from the county of Hickman, had for some time been in progress. A gentleman by the name of Binford was a candidate. The State Senator from the district, Judge James, took some exceptions to the reputation of Binford, and intimated that if B. should be elected, he (James) would resign rather than serve with such a colleague. Hearing this, Binford went to the house of James to demand an explanation. Mrs. James remarked, in a jest as Binford thought, that if she was in the place of her husband she would resign her seat in the Senate, and not serve with such a character. B. told her that she was a woman, and could say what she pleased. She replied that she was not in earnest. James then looked B. in the face and said that, if his wife said so, it was the fact--'he was an infamous scoundrel and d----d rascal.' He asked B. if he was armed, and on being answered in the affirmative, he stepped into an adjoining room to arm himself; He was prevented by the family from returning, and Binford walked out. J. then told him from his piazza, that he would meet him next day in Clinton.

"True to their appointment, the enraged parties met on the streets the following day. James shot first, his ball passing through his antagonist's liver, whose pistol fired immediately afterwards, and missing J., the ball pierced the head of a stranger by the name of Collins, who instantly fell and expired. After being shot, Binford sprang upon J. with the fury of a wounded tiger, and would have taken his life but for a second shot received through the back from Bartin James, the brother of Thomas. Even after he received the last fatal wound he struggled with his antagonist until death relaxed his grasp, and he fell with the horrid exclamation, _'I am a dead man!'_

"Judge James gave himself up to the authorities; and when the informant of the editor left Clinton, Binford, and the unfortunate stranger lay shrouded corpses together."

The "N.O. Bee" thus gives the conclusion of the matter:

"Judge James was tried and acquitted, the death of Binford being regarded as an act of justifiable homicide."

From the "Flemingsburg Kentuckian," June 23,'38.

AFFRAY.--Thomas Binford, of Hickman county, Kentucky, recently attacked a Mr. Gardner of Dresden, with a drawn knife, and cut his face pretty badly. Gardner picked up a piece of iron and gave him a side-wipe above the ear that brought him to terms. The skull was fractured about two inches. Binford's brother was killed at Clinton, Kentucky, last fall by Judge James.

The "Red River Whig" of September 15, 1838, says:--"A ruffian of the name of Charles Gibson, attempted to murder a girl named Mary Green, of Louisville, Ky. on the 23d ult. He cut her in six different places with a Bowie knife. His object, as stated in a subsequent investigation before the Police Court, was to cut her throat, which she prevented by throwing up her arms."

From the "Louisville Advertiser," Dec. 17th, 1838:--"A startling tragedy occurred in this city on Saturday evening last, in which A.H. Meeks was instantly killed, John Rothwell mortally wounded, William Holmes severely wounded, and Henry Oldham slightly, by the use of Bowie knives, by Judge E.C. Wilkinson, and his brother, B.R. Wilkinson, of Natchez, and J. Murdough, of Holly Springs, Mississippi. It seems that Judge Wilkinson had ordered a coat at the shop of Messrs. Varnum & Redding. The coat was made; the Judge, accompanied by his brother and Mr. Murdough, went to the shop of Varnum & Redding, tried on the coat, and was irritated because, as he believed, it did not fit him. Mr. Redding undertook to convince him that he was in error, and ventured to assure the Judge that the coat was well made. The Judge instantly seized an iron poker, and commenced an attack on Redding. The blow with the poker was partially warded off--Redding grappled his assailant, when a companion of the Judge drew a Bowie knife, and, but for the interposition and interference of the unfortunate Meeks, a journeyman tailor, and a gentleman passing by at the moment, Redding might have been assassinated in his own shop. Shortly afterwards, Redding, Meeks, Rothwell, and Holmes went to the Galt House. They sent up stairs for Judge Wilkinson, and he came down into the bar room, when angry words were passed. The Judge went up stairs again, and in a short time returned with his companions, all armed with knives. Harsh language was again used. Meeks, felt called on to state what he had seen of the conflict, and did so, and Murdough gave him the d--d lie, for which Meeks struck him. On receiving the blow with the whip, Murdough instantly plunged his Bowie knife into the abdomen of Meeks, and killed him on the spot.

"At the same instant B.R. Wilkinson attempted to get at Redding, and Holmes and Rothwell interfered, or joined in the affray. Holmes was wounded, probably by B.R. Wilkinson; and the Judge, having left the room for an instant, returned, and finding Rothwell contending with his brother, or bending over him, he (the Judge) stabbed Rothwell in the back, and inflicted a mortal wound.

"Judge Wilkinson, his brother, and J. Murdough, have been recently tried and ACQUITTED."

From the "New Orleans Bee," Sept. 27, 1838.

"It appears from the statement of the Lexington Intelligencer, that there has been for some time past, an enmity between the drivers of the old and opposition lines of stages running from that city. On the evening of the 13th an encounter took place at the Circus between two of them, Powell and Cameron, and the latter was so much injured that his life was in imminent danger. About 12 o'clock the same night, several drivers of the old line rushed into Keizer's Hotel, where Powell and other drivers of the opposition-line boarded, and a general melee took place, in the course of which several pistols were discharged, the ball of one of them passing through the head of Crabster, an old line driver, and killing him on the spot. Crabster, before he was shot, had discharged his own pistol which had burst into fragments. Two or three drivers of the opposition were wounded with buck shot, but not dangerously."

The "Mobile Advertiser" of September 15, 1838, copies the following from the Louisville (Ky.) Journal.

"A Mr. Campbell was killed in Henderson county on the 31st ult. by a Mr. Harrison. It appears, that there was an affray between the parties some months ago, and that Harrison subsequently left home and returned on the 31st in a trading boat. Campbell met him at the boat with a loaded rifle and declared his determination to kill him, at the same time asking him whether he had a rifle and expressing a desire to give him a fair chance. Harrison affected to laugh at the whole matter and invited Campbell into his boat to take a drink with him. Campbell accepted the invitation, but, while he was in the act of drinking, Harrison seized his rifle, fired it off, and laid Campbell dead by striking him with the barrel of it."

The "Missouri Republican" of July 29, 1837 published the details which follow from the Louisville Journal.

MOUNT STERLING, Ky. July 20, 1837.

"Gentlemen:--A most unfortunate and fatal occurrence transpired in our town last evening, about 6 o'clock. Some of the most prominent friends of Judge French had a meeting yesterday at Col. Young's, near this place, and warm words ensued between Mr. Albert Thomas and Belvard Peters, Esq., and a few blows were exchanged, and several of the friends of each collected at the spot. Whilst the parties were thus engaged. Mr. Wm. White, who was a friend of Mr. Peters, struck Mr. Thomas, whereupon B.F. Thomas Esq. engaged in the combat on the side of his brother and Mr. W. Roberts on the part of Peters--Mr. G.W. Thomas taking part with his brothers. Albert Thomas had Peters down and was taken off by a gentleman present, and whilst held by that gentleman, he was struck by White; and B.F. Thomas having made some remark White struck him. B.F. Thomas returned the blow, and having a large knife, stabbed White, who nevertheless continued the contest, and, it is said, broke Thomas's arm with a rock of a chair. Thomas then inflicted some other stabs, of which White died in a few minutes. Roberts was knocked down twice by Albert Thomas, and, I believe, is much hurt. G.W. Thomas was somewhat hurt also. White and B.F. Thomas had always been on friendly terms. You are acquainted with the Messrs. Thomas. Mr. White was a much larger man than either of them, weighing nearly 200 pounds, and in the prime of life. As you may very naturally suppose, great excitement prevails here, and Mr. B.F. Thomas regrets the fatal catastrophe as much as any one else, but believes from all the circumstances that he was justifiable in what he did, although he would be as far from doing such an act when cool and deliberate as any man whatever."

The "New Orleans Bulletin" of Aug. 24, 1838, extracts the following from the Louisville Journal.

"News has just reached us, that Thomas P. Moore, attacked the Senior Editor of this paper in the yard of the Harrodsburg Springs. Mr. Moore advanced upon Mr. Prentice with a drawn pistol and fired at him; Mr. Prentice then fired, neither shot taking effect. Mr. Prentice drew a second pistol, when Mr. Moore quailed and said he had no other arms; whereupon Mr. Prentice from superabundant magnanimity spared the miscreant's life."

From "The Floridian" of June 10, 1837. MURDER. Mr. Gillespie, a respectable citizen aged 50, was murdered a few days since by a Mr. Arnett, near Mumfordsville, Ky., which latter shot his victim twice with a rifle.

The "Augusta (Ga.) Sentinel," May 11, 1838, has the following account of murders in Kentucky:

"At Mill's Point, Kentucky, Dr. Thomas Rivers was shot one day last week, from out of a window, by Lawyer Ferguson, both citizens of that place, and both parties are represented to have stood high in the estimation of the community in which they lived. The difficulty we understand to have grown out of a law suit at issue between them."

Just as our paper was going to press, we learn that the brother of Dr. Rivers, who had been sent for, had arrived, and immediately shot Lawyer Ferguson. He at first shot him with a shot gun, upon his retreat, which did not prove fatal; he then approached him immediately with a pistol, and killed him on the spot."

The Right Rev. B.B. Smith, Bishop of the Episcopal diocese of Kentucky, published about two years since an article in the Lexington (Ky.) Intelligencer, entitled "Thoughts on the frequency of homicides in the state of Kentucky." We conclude this head with a brief extract from the testimony of the Bishop, contained in that article.

"The writer has never conversed with a traveled and enlightened European or eastern man, who has not expressed the most undisguised horror at the frequency of homicide and murder within our bounds, and at the _ease with which the homicide escapes from punishment_.

"As to the frequency of these shocking occurrences, the writer has some opportunity of being correctly impressed, by means of a yearly tour through many counties of the State. He has also been particular in making inquiries of our most distinguished legal and political characters, and from some has derived conjectural estimates which were truly alarming. A few have been of the opinion, that on an average one murder a year may be charged to the account of every county in the state, making the frightful aggregate of 850 human lives sacrificed to revenge, or the victims of momentary passion, in the course of every ten years.

"Others have placed the estimate much lower, and have thought that thirty for the whole state, every year, would be found much nearer the truth. An attempt has been made lately to obtain data more satisfactory than conjecture, and circulars have been addressed to the clerks of most of the counties, in order to arrive at as correct an estimate as possible of the actual number of homicides during the three years last past. It will be seen, however, that statistics thus obtained, even from every county in the state, would necessarily be imperfect, inasmuch as the records of the courts _by no means show all the cases_, which occur, some escaping without _any_ of the forms of a legal examination, and there being _many affrays_ which end only in wounds, or where the parties are separated.